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Texas Constitution:Article I, Section 3: Difference between revisions

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Texas Constitution:Article I, Section 3 (view source)

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* ''Gustafson v. State'', 48 S.W. 518, [https://texaslegalguide.com/images/048_SW_518.pdf#page=2 519] (Tex.Crim.App. 1898) ("Our constitution provides (section 3, art. 1): . . . . Mr. Cooley says on this subject (Cooley, Const. Lim. 485): 'Equality of rights, privileges, and capacities unquestionably should be the aim of the law; and if special privileges are granted or special burdens or restrictions imposed, in any case, it must be presumed that the legislature designed to depart as little as possible from this fundamental maxim of government. The state, it is to be presumed, has no favors to bestow, and designs to inflict no arbitrary deprivation of rights. Special privileges are always obnoxious, and discrimination against persons or classes is still more so.'")
* ''Gustafson v. State'', 48 S.W. 518, [https://texaslegalguide.com/images/048_SW_518.pdf#page=2 519] (Tex.Crim.App. 1898) ("Our constitution provides (section 3, art. 1): . . . . Mr. Cooley says on this subject (Cooley, Const. Lim. 485): 'Equality of rights, privileges, and capacities unquestionably should be the aim of the law; and if special privileges are granted or special burdens or restrictions imposed, in any case, it must be presumed that the legislature designed to depart as little as possible from this fundamental maxim of government. The state, it is to be presumed, has no favors to bestow, and designs to inflict no arbitrary deprivation of rights. Special privileges are always obnoxious, and discrimination against persons or classes is still more so.'")


* ''Union Cent. Life Ins. Co. v. Chowning'', 26 S.W. 982, [https://texaslegalguide.com/images/026_SW_982.pdf#page=3 984] (Tex. 1894) ("Appellant's counsel assert that the article in question is in conflict with article 1, § 3, of the constitution of the state of Texas, which is in these words: '. . . .' It is not shown just how the law violates this section, and, indeed, it would be difficult to imagine how a corporation which has no natural rights could be said to be entitled to such rights and privileges as grow out of the formation of a social compact. It is the creature of law, and entitled to just such rights as the law grants to it. When granted, such rights are protected from invasion the same as the rights of any natural person.")
* ''Union Cent. Life Ins. Co. v. Chowning'', 26 S.W. 982, [https://texaslegalguide.com/images/026_SW_982.pdf#page=3 984] (Tex. 1894) ("Appellant's counsel assert that the article in question is in conflict with article 1, § 3, of the constitution of the State of Texas, which is in these words: '. . . .' It is not shown just how the law violates this section, and, indeed, it would be difficult to imagine how a corporation which has no natural rights could be said to be entitled to such rights and privileges as grow out of the formation of a social compact. It is the creature of law, and entitled to just such rights as the law grants to it. When granted, such rights are protected from invasion the same as the rights of any natural person.")


* ''Francois v. State'', 9 Tex.Ct.App. 144, [https://texaslegalguide.com/images/009_TexCtApp_144.pdf#page=3 146] (1880) ("Sect. 3, Art. I., of the Constitution of 1876 is a literal copy of sect. 2 of Art. I. of the Constitution of 1869, as quoted above, and sect. 29 of the same Constitution is a literal copy of the twenty-third section of the Constitution of 1869, also quoted above. These provisions, it is contended, abrogate art. 386 of the Penal Code, which was passed previously—on the twelfth day of February, 1858. It is also contended that art. 386 is in contravention of the Thirteenth, Fourteenth, and Fifteenth Amendments to the Constitution of the United States. We do not propose to discuss anew these questions.")
* ''Francois v. State'', 9 Tex.Ct.App. 144, [https://texaslegalguide.com/images/009_TexCtApp_144.pdf#page=3 146] (1880) ("Sect. 3, Art. I., of the Constitution of 1876 is a literal copy of sect. 2 of Art. I. of the Constitution of 1869, as quoted above, and sect. 29 of the same Constitution is a literal copy of the twenty-third section of the Constitution of 1869, also quoted above. These provisions, it is contended, abrogate art. 386 of the Penal Code, which was passed previously—on the twelfth day of February, 1858. It is also contended that art. 386 is in contravention of the Thirteenth, Fourteenth, and Fifteenth Amendments to the Constitution of the United States. We do not propose to discuss anew these questions.")
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